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S-1601 - 04/28/2020 - VARIATION - OrdinancesIⅢ∥ⅢⅢⅢ∥llW∥|8■7]`■17 T:■1018012, FRED BUCHOLZ, RECORDFR DUPAGE COUNTY ILLINOIS 08/3■/2020 11:02 AM DOCuMENT I R2●20-096739 (Above Space Fo「Recorder's OfFice Only) V:LLAGE OF OAK BR00K 1200 0ak Brook Road Oak Brook,IL 60523‐2255 RECORDED DOCUMENT TITLE PAGE Ti∥e of Documen■ ORD:NANCE 2020‐ZO‐V‐EX‐S‐1601 AN ORD:NANCE GRANT:NG A VARIAT10N TO ALLOW BALL F:ELD L:GHTS FOR THE PROPERTY COMMONLY REFERRED TO AS 1315 AND 1425 KENS:NGTON ROAD:N THE V:LLACE OF OAK BR00K,lLLiNOIS 60523 Property Address/es 1315 and 1425 Kensington Road,in Theヽ ′i∥aqe Of Oak Brook,∥linois 60523 PIN No(s) f vacantiand,so state and∥st nearest cross streets) 06-26-102-008 and 06‐26-102-009 Name and Address ofApplicant: Oak Brook Park District '1450 Forest Gate Road Oak Brook. lL 60523 Name and Address of Responsible: Same as above Part_v to Receive Copy of Same as above Recorded Document and Billing G/L Accountto be charged: 10-1365 恥pared By ttd陽 師,(即 瑞 鱗 完8エ Name & Address of Recipient of Consideration (when applicable): G/L Account to be charged:- ′ヽ THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-ZO-V-EX -S-1601 AN ORDINANCE GRANTING A VARIATION TO ALLOW BALL FIELD LIGHTS FOR PROPERTY COMMONLY REFERRED TO AS 1315 AND 1425 KENSINGTON ROAD OAK BROOK, ILLINOIS 60523 GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 28th day of April, 2020 ORDINANCE 2020-ZO-V-EX-S-1601 AN ORDINANCE GRANTING A VARIANCE TO ALLOW BALL FIELD LIGHTS FOR PROPERTY COMMONLY REFERRED TO AS 1315 AND 1425 KENSINGTON ROAD OAK BROOK, ILLINOIS 60523 PINS: 06-26-102-008 and 06-26-102-009 WHEREAS, the Village of Oak Brook (hereinafter referred to as the “Village”) is an Illinois municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5/11- 13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use, construction, or alteration of buildings or structures or the use of land; WHEREAS, petitioner has requested a variation from the certain provisions of the Village of Oak Brook Zoning Ordinance as described herein; WHEREAS, a petition has been submitted by the Oak Brook Park District, the Property Owner (hereinafter referred to as the “Owner”), of the property located at 1315 and 1425 Kensington Road, Oak Brook, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”) which is zoned CR, Conservation, requesting approval of a variation from Section 13-5-4D to permit six (6) light poles at a height of eighty feet (80’) on the Subject Property in and around the ball fields to provide for use of said fields during night time sports activities and in order to provide adequate lighting for the users of said fields owner is requesting certain variations to the Village’s zoning regulations for said purposes as set for the herein (hereinafter referred to as the “Variation”); WHEREAS, the Village of Oak Brook Zoning Board of Appeals held a public hearing on March 3, 2020 to consider the petitioner’s request and to hear testimony on the proposal and as a result of said hearing the Village of Oak Brook Zoning Board of Appeals issued a positive recommendation in this matter all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, the Village of Oak Brook Zoning Board of Appeals found the request to be reasonable in that the requested variation is appropriate under the standards adopted by the Village of Oak Brook in its Zoning Regulations applicable to zoning variances and made positive findings of fact in support of said variance; WHEREAS, the Zoning Board of Appeals recommends approval of the petitioner’s request by the Board of Trustees of the Village of Oak Brook; and WHEREAS, the corporate authorities of the Village of Oak Brook find that the granting of the requested variation has no detrimental impact on the health, welfare or safety of the public in general and finds that the petitioner has met its burden in demonstrating the grounds for the requested variation. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: Ordinance 2020-ZO-V-EX-S-1601 1315 and 1425 Kensington Road - Variation PINS: 6-26-102-008 and 06-26-102-009 Page 2 of 8 Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings. Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth herein, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations as follows: Variation to Section 13-5-4D to allow light poles using LED lights to be increased from 30 to 80 feet in height on the Subject Property, 1315 and 1425 Kensington Road, Oak Brook, Illinois and legally described in Exhibit A. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The proposed sports field lights shall be constructed in substantial conformance to the approved plans as submitted which are attached hereto and a made a part hereof and as Exhibit B. B. The field lights shall be LED and controlled by automatic timers, which will only allow use from dusk to 10:30 p.m. In addition, from December 15 through the last day of February of each year the lights will be turned off at 9:30 p.m. C. The field lights will be turned off if there are no activities planned on the fields. D. Light levels shall comply with the Building Code Amendment 302.15 ‘Maximum Line of Sight Illuminance at Any Vertical Plane Boundary’ and not exceed 0.3 foot-candles along the west property line and 0.8 foot-candles along the north property line. E. An as-built photometric plan shall be submitted to the Village after installation of the light poles. F. A lighting level survey/verification review to ensure compliance with subsection D shall be conducted at the second-year anniversary of the light installation and after any significant change to the light poles, a significant change is considered a modification that will require a building permit. G. The applicant shall be required to meet all Village Ordinance requirements at the time of building permit application as specifically varied or waived. H. Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived by this Ordinance. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon the Owner and any and all of its Ordinance 2020-ZO-V-EX-S-1601 1315 and 1425 Kensington Road - Variation PINS: 6-26-102-008 and 06-26-102-009 Page 3 of 8 heirs, successors, and assigns, and upon any and all current and successor legal or beneficial Owner of all or any portion of the Property. Section 6. Effective Date. A. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. and B. The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("Unconditional Agreement and Consent") to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. Section 7. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 8. Conflict Clause. That all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 9. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 10. Recording. This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. [Signature page follows] Ordinance 2020-ZO-V-EX-S-1601 1315 and 1425 Kensington Road - Variation PINS: 6-26-102-008 and 06-26-102-009 Page 5 of 8 Exhibit A Legal Description of Subject Property Lot 1 in McDonald’s Autumn Oaks Subdivision, being a part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded June 22, 1990 as Document No. R90-77300 in DuPage County, Illinois. and Lot 2 in McDonald’s Autumn Oaks Subdivision, being a part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded June 22, 1990 as Document No. R90-77300 in DuPage County, Illinois. 1315 Kensington Road: 06-26-102-008 (Lot 1) 1425 Kensington Road: 06-26-102-009 (Lot 2) Ordinance 2020-ZO-V-EX-S-1601 1315 and 1425 Kensington Road - Variation PINS: 6-26-102-008 and 06-26-102-009 Page 6 of 8 Exhibit B Plans Exhibit B Ordinance 2020-ZO-V-EX-S-1601 1315 and 1425 Kensington Road - Variation PINS: 6-26-102-008 and 06-26-102-009 Page 7 of 8 Exhibit C Unconditional Agreement and Consent WHEREAS, a petition has been submitted by the Oak Brook Park District, the Property Owner (hereinafter referred to as the “Owner”), of the property located at 1315 and 1425 Kensington Road, Oak Brook, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”) which is zoned CR, Conservation, requesting approval of a variation from Section 13-5-4D to permit six (6) light poles at a height of eighty feet (80’) on the Subject Property in and around the ball fields to provide for use of said fields during night time sports activities and in order to provide adequate lighting for the users of said fields owner is requesting certain variations to the Village’s zoning regulations for said purposes as set for the herein (hereinafter referred to as the “Variation”); WHEREAS, Ordinance No.2020-ZO-V-EX-S-1601, adopted by the President and Board of Trustees of the Village of Oak Brook on April 28, 2020 (hereinafter referred to as the “Ordinance”), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant files this Unconditional Agreement and Consent with the Village Clerk. NOW, THEREFORE, the Applicant hereby agree and covenants as follows: 1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner acknowledges that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility that the Variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) The Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village’s issuance of any permits for the use of the Property and that the Village’s issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The Owner agrees to and does hereby hold harmless and indemnify the Village, the Village’s corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the operation and use of the Property, or the Village’s adoption of the Ordinance. [Signature page follows]